SADHU MAHADU JAGDALE Vs. TATYA SADHY JAGDALE

JUDGEMENT

(1.) THIS is an appeal by the Plaintiff No. 1 against the order dated 30th June, 1970, passed by the learned Judge, Senior Division, Sholapur, holding that he did not have exclusive pecuniary jurisdiction to try and decide the suit, that the learned Civil Judge, Junior Division, Mohal, had also jurisdiction to try the suit, that under Section 15. Civil Procedure Code the suit must be instituted in the Court of the lowest grade competent to try it, viz. , the learned Civil Judge, Junior Division, Mohal, and returning the plaint to the plaintiffs for presentations to the proper Court. The respondents Nos. 1 to 4 are the Defendants in the same suit. The Respondent No. 5 is the plaintiff No. 2.

(2.) THE Plaintiffs filed the suit from which the present appeal arises for a declaration that the suit properties belonged to joint family and for partition and separate possession of their 5/6th share in the said properties, and for other reliefs. The properties consist of agricultural land, non-agricultural land and movables. In the plaint the plaintiffs have valued the subject-matter of the suit for the purpose of court-fees at Rs. 8336. 59, whereas for the purpose of jurisdiction they have valued the suit at Rupees 45,600/ -. According to the Plaintiffs, if the agricultural properties which are assessed to Government revenue are valued at twenty times the survey assessment under paragraph (v) of Section 6 of the Bombay Court-fees Act, 1959 (hereinafter referred to as "the Bombay Court-fees Act. "), the value for the purpose of court-fees will be lower and if the same properties are valued for the purpose of jurisdiction at their market value, that value will be higher and the learned Civil Judge, Senior Division, Sholapur would have jurisdiction to the exclusion of the learned Civil Judge, Junior Division, Mohol.

(3.) PARAGRAPH (v) of Section 6 of the Bombay Court-fees Act provides that the amount of fee payable in a suit for possession of land, houses and gardens shall be computed according to the value of the subject-matter and where the subject-matter is land held on a permanent settlement or on a settlement for any period exceeding thirty years and pays the full assessment to Government, the value shall be deemed to be a sum equal to twenty times the survey assessment. Paragraph (vi) of Section 6 of the Bombay Court-fees Act makes provision for suits to enforce a right of pre-emption and paragraph (x) of Section 6 provides for suits against mortgagee for recovery of property mortgaged and suits by mortgagee to foreclose the mortgage. Paragraph (vii) of Section 6 provides for suits for partition and separate possession of a share in joint family property and states that the amount of fee payable in respect of such suits shall be computed according to the value of the share in respect of which the suit is instituted. Explanation to that paragraph provides that if the property in which a share is claimed consists of or includes an land assessed to land revenue for the purpose of agriculture, the value of such land shall be deemed to be the value as determined under paragraph (v ).